the offender committed the offence for the benefit of a criminal organisation (see below), or two or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or

in the course of, or in connection with, the offence, the offender identified themselves in some way as belonging to, or being associated with, a criminal organisation (even if the offender did not actually belong to or was not actually associated with a criminal organisation.

The ways in which a person may identify themselves as belonging to, or being associated with, a criminal organisation are not limited. One example is that a person will be taken to have identified themselves as belonging to or being associated with a criminal organisation if the person displayed (whether on an article of clothing, as a tattoo or otherwise) the insignia of the criminal organisation, unless the person proves that they did not display the insignia knowingly or recklessly [s 43(2)].

A criminal organisation is a 'criminal group', that is, a group consisting of 2 or more persons where an aim or activity of the group includes engaging in conduct, or facilitating engagement in conduct, constituting a serious offence of violence.

A 'serious offence of violence' involves:

(a) the death of or serious harm to a person, or a risk of the death of or serious harm to, a person; or

(b) serious damage to property in circumstances involving a risk of the death of or harm to a person; or

(c) perverting the course of justice in relation to any of the above conduct.

A criminal organisation is a criminal group, that is, a group consisting of 2 or more persons where an aim or activity of the group includes engaging in conduct, or facilitating engagement in conduct, constituting a serious offence intended to benefit the group, persons who participate in the group or their associates.

A serious offence is an indictable offence that is punishable by imprisonment for life or for a term of 5 years or more.

Aggravated offences : Last Revised: Thu Feb 5th 2015The content of the Law
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